Wednesday, October 19, 2016

MFN scheme for foreign investors

Kathmandu, Oct. 16: The government is devising a legal framework to grant Most Favoured Nation (MFN) status to those countries that come to invest here.
The government has proposed new legal provisions to treat such countries as Most Favoured Nation and provide equal national treatment to foreign investment in Nepal.
This has come as an effort to attract more Foreign Direct Investment (FDI) with an aim of generating employment and enhancing the contribution of the industrial sector to the Gross Domestic Product of the country.
The New Draft of the Foreign Investment (Amendment and Integration) Bill has proposed such special treatment to foreign investment and source countries.
The draft is being prepared to amend the Foreign Investment and Technology Transfer Act, 1992.
According to the draft, MFN treatment would be extended to the source countries for their FDI, technology transfer or profitable intellectual property, foreign buyers of Nepalese industries, investment management or reinvestment, and establishment of branches of foreign companies.
However, such companies must repatriate their profits or income from other sources through legal channels.
It has proposed that foreign investors can send back the money in the same currency through which they have made investment in the country.
“Foreign investors can take back the money earned from the partial or full transaction of shares, profits or dividend, profits as per the technology transfer agreement, lease rent of lease investment, and the remaining capital after the liquidation of the company,” reads the draft.
Likewise, foreign experts, managers and other workers can take back 75 per cent of their income from salary and other benefits.
The proposed law has promised not to nationalise businesses and industries with foreign investment, and if the government needs to acquire the properties of such investment in greater public interest, it will provide appropriate compensation as per the existing law.
In the draft, the government has proposed allowing foreign investors or Non-Resident Nepalese to buy securities of those companies listed at the Nepal Stock Exchange.
If the Bill is ratified as it is, foreign investors can establish a venture capital fund to make equity investment in Nepalese companies, and they can buy any company in operation with government approval.
It has proposed the removal of the cap on foreign investment while investment can be made in convertible foreign currency or Indian rupees.
The draft has proposed complete income tax waiver for a specific period for hydroelectricity generation and transmission project, manufacturing industry, mines, tourism and international airlines with foreign investment.

Similarly, tax waiver will be offered to those companies that invest in research and development of agriculture, minerals and other specified technology sector.


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